89FAffected party may require builder or property developer

89F Affected party may require builder or property developer to rectify defect after completion (1) This section applies to residential building work carried out by a builder, or arranged to be carried out by a property developer, that is— (a) claimed to be defective; and (b) able to be rectified. (2) An affected party may give written notice to the builder and any property developer, within 2 years after the completion day for the residential building work requiring the defective work to be rectified. (3) If a notice is given in accordance with subsection (2), in any proceeding in which the affected party claims that the residential building work is defective it is presumed that it is defective and able to be rectified unless the contrary is proven. (4) Nothing in this section affects the right of an affected party to claim from the builder, and any property developer, damages for any loss or damage to the affected party resulting from the defect that is reasonably foreseeable as a result of the defect (including a limitation period applying to the claim).

Amendment [2.17] (5) Nothing in this section affects a warranty under section 88. (6) This section does not apply to residential building work carried out— (a) before the commencement of this section; or (b) under a contract entered into before the commencement of this section. (7) Subsection (6) and this subsection expire 5 years after the day this section commences. Note Subsection (6) continues to have effect after its expiry (see Legislation Act, s 88). (8) In this section: affected party, in relation to residential building work— (a) means— (i) the owner of the building or the land on which the building work was carried out, whether or not that person was a party to the contract for the building work or the contract for sale of the building; or (ii) a person prescribed by regulation; but (b) does not include a person excluded by regulation.

Amendment [2.18] [2.18] New division 6.3A Division 6.3A Latent defects insurance